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Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen Nov 2015

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Mark P. Gergen

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …


Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri Oct 2015

Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri

Poonam Puri

PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.


Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri Oct 2015

Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri

Benjamin Geva

PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.


Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri Oct 2015

Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri

Dan Priel

PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.


Remedies: A Guide For The Perplexed, Doug Rendleman Sep 2015

Remedies: A Guide For The Perplexed, Doug Rendleman

Doug Rendleman

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …


Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen Sep 2015

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Doug Rendleman

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …


Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen Sep 2015

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Scholarly Articles

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing.

Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.”

Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …


Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley Sep 2015

Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley

Christian J Bromley

The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on procedural defenses that …


Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild Feb 2015

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Emily L Sherwin

No abstract provided.


Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin Feb 2015

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Emily L Sherwin

No abstract provided.